BAA-AFRL-RQKHC-2016-0009-Atch3.pdf
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- BAA-AFRL-RQKHC-2016-0009
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MODEL CONTRACT
AWARD / CONTRACT
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 350)
RATING
DO-C9
PAGE of PAGES
1 29
2. CONTRACT (PROC. INST. IDENT.) NO. 3. EFFECTIVE DATE 4. REQUISITION / PURCHASE REQUEST / PROJECT NO.
FA8650-18-C-XXXX See Section G
5. ISSUED BY AFRL/RQKHC CODE FA8650 6. ADMINISTERED BY (IF OTHER THAN ITEM 5) CODE
USAF/AFMC
AFRL WRIGHT RESEARCH SITE
2130 EIGHTH STREET, BUILDING 45
WRIGHT-PATTERSON AFB OH 45433-7541
KIMBERLY D. CERNEY 937-713-9857
kimberly.cerney@us.af.mil
SCD: PAS: (NONE)
7. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, CITY, COUNTY, STATE AND ZIP CODE)
8. DELIVERY
FOB Origin Other (see below)
9. DISCOUNT FOR PROMPT PAYMENT
N
10. SUBMIT INVOICES
(4 COPIES UNLESS OTHERWISE
SPECIFIED) TO
THE ADDRESS SHOWN IN
ITEM
See Block
12 CAGE CODE FACILITY CODE
11. SHIP TO / MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE
See Section F
EFT: T
13. AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION 14. ACCOUNTING AND APPROPRIATION DATA
15A. ITEM NO 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
See Section B
15G. TOTAL AMOUNT OF CONTRACT
16. Table of Contents
SEC DESCRIPTION PAGE(S) SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 18
B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS
C DESCRIPTION/SPECS./WORK STATEMENT 7 J LIST OF ATTACHMENTS 29
D PACKAGING AND MARKING 8 PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE 9 K REPRESENTATIONS, CERTIFICATIONS AND
F DELIVERIES OR PERFORMANCE 10 OTHER STATEMENTS OF OFFERORS
G CONTRACT ADMINISTRATION DATA 13 L INSTRS., CONDS., AND NOTICES TO
OFFERORS
H SPECIAL CONTRACT REQUIREMENTS 17 M EVALUATION FACTORS FOR AWARD
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
17. Contractor’s Negotiated Agreement 18. Award (Contractor is not required to sign this document).
(Contractor is required to sign this document and return 1 copies to issuing office).
Contractor agrees to furnish and deliver all items or perform all services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)
Your offer on solicitation number including the additions or changes made by you which additions or changes set forth in full above, is hereby accepted as to items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government’s solicitation and your offer, and (b) this award/contract. No further contractual document is necessary.
19A. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 20A. NAME OF CONTRACTING OFFICER
CLIFFORD F. JOHNSON
19B. Name of Contractor
19C. Date Signed 20B. United States of America
20C. Date Signed by _________________________________ (signature of person authorized to sign) by _________________________________________ (signature of Contracting Officer)
NSN 7540-01-152-8069 STANDARD FORM 26 (Rev 4-85) Previous Editions unusable Prescribed by GSA FAR (48 CFR) 53.214(a) ConWrite Version 6.14.7 Created 04 Jan 2018 2:38 PM
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA8650-18-C-XXXX
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0001 1 Lot Noun: RESEARCH & DEVELOPMENT
PSC: AN73
NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
The Contractor shall conduct research in accordance with Section J, Attachment 1, Statement of Work (SOW), entitled,"INSERT SOW TITLE," dated INSERT DATE. All data requirements shall be delivered in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423-1, dated INSERT DATE. See Section F for shipment address(es).
CONTRACT TYPE: COST-PLUS-FIXED-FEE
The estimated cost and fee for this contract are shown below. The applicable fixed fee set forth below may be increased or decreased only by negotiation and modification of the contract for added or deleted work. As determined by the contracting officer, it shall be paid as it accrues, in regular installments based upon the percentage of completion of work (or the expiration of the agreed-upon period(s) for term contracts).
Estimated Cost: $ XXXXXXX Fixed Fee: $ XXXXXX Total Price: $ XXXXXXXX
0002 1 Lot Noun: HARDWARE
ACRN: U
PSC: AN73
NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
Deliver hardware in accordance with Section J, Attachment X, Statement of Work entitled, "PROGRAM NAME" dated INSERT DATE. Hardware deliverables include, but are not limited to the following:
a. INSERT hardware item #1:
b. INSERT hardware item #2:
Note: The requirements at DFARS 252.211-7003, Item Identification and Valuation, are applicable to this effort. The contractor shall provide DoD unique identification or a DoD recognized unique i.d. equivalent for all delivered hardware items for which the government's unit acquisition cost is $5,000 or more.
For Unique Identification (IUD) purposes, the hardware to be delivered has an estimated fully burdened cost of "INSERT DOLLAR AMOUNT."
0003 1 Lot Noun: SOFTWARE
ACRN: U
PSC: AN73
NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
The contractor shall deliver software in accordance with Section J, Attachment X, Statement of Work entitled, "INSERT SOW TITLE," dated INSERT DATE.
The contractor shall deliver any and all software developed and/or acquired via the course of effort, in accordance with Exhibit A, Contract Data Requirements List, DD form 1423-1, dated INSERT DATE.
a. Insert software item #1:
b. Insert software item #2:
Any Commercial Off the Shelf (COTS) software licenses, to be delivered to the U.S.
Government under the contract shall be consistent with federal law and submitted to the
Contracting Officer for review for acceptability. Although some license terms do not necessarily violate federal law, they may raise security concerns or limit use to such an extent that the license does not meet the Government's needs.
0004 1 Lot Noun: OPERATIONS & MAINTENANCE
PSC: AN73
NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
The Contractor shall conduct research in accordance with Section J, Attachment 1, Statement of Work (SOW), entitled,"INSERT SOW TITLE," dated INSERT DATE. All data requirements shall be delivered in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423-1, dated INSERT DATE. See Section F for shipment address(es).
CONTRACT TYPE: COST-PLUS-FIXED-FEE
The estimated cost and fee for this contract are shown below. The applicable fixed fee set forth below may be increased or decreased only by negotiation and modification of the contract for added or deleted work. As determined by the contracting officer, it shall be paid as it accrues, in regular installments based upon the percentage of completion of work (or the expiration of the agreed-upon period(s) for term contracts).
Estimated Cost: $ XXXXXXX Fixed Fee: $ XXXXXX Total Price: $ XXXXXXXX
NO CLAUSES OR PROVISIONS IN THIS SECTION
SECTION C - DESCRIPTION/SPECS./WORK STATEMENT
SECTION C FA8650-18-C-XXXX
SECTION D - PACKAGING AND MARKING
SECTION D FA8650-18-C-XXXX
SECTION E - INSPECTION AND ACCEPTANCE
SECTION E FA8650-18-C-XXXX
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT
(MAY 2001)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA8650-18-C-XXXX
SHIP MARK TRANS
ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE
0001 1 F4F4ST F4F4ST 60 MARO
Noun: RESEARCH & DEVELOPMENT Descriptive Data:
The scheduled delivery date for the approved final technical report is as reflected herein.
The technical effort must be completed no later than INSERT DATE. The draft final report is due no later than INSERT DATE. All data shall be delivered in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423, dated INSERT DATE.
The shipping address is as follows:
Attn: insert program manager name insert program manager's office address insert program manager's email insert program manager's phone number
Mark For: insert contract number
All reports and correspondence submitted under this contract shall include the contract number and project number, if applicable, and be forwarded prepaid. A copy of the letters of transmittal shall be delivered to the Procuring Contracting Officer (PCO) and
Administrative Contracting Officer (ACO). The addresses are set forth on the contract award cover page. All other address(es) and code(s) for consignee(s) are as set forth in the contract or incorporated by reference.
If this contract is terminated prior to completion, the Contractor agrees to provide a final report in accordance with Contract Data Requirements List (CDRLs), Section J, Exhibit A, Data Item A001. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of said final report.
0002 1 F4F4ST F4F4ST 60 MARO
Noun: HARDWARE
ACRN: U
Descriptive Data:
Deliver hardware in accordance with Section J, Attachment X, Statement of Work entitled "insert program title of the Statement of Work" dated insert date. The scheduled delivery date for hardware is in conjunction with the end of the technical effort of CLIN 0001.
The shipping address is as follows:
Attn: insert program manager name insert program managers office address insert program managers email insert program managers phone number
Mark For: insert contract number
(Include contract number and insert program manager's name, office symbol, and phone number on the shipping documents.)
0003 1 F4F4ST F4F4ST 60 MARO
Noun: SOFTWARE
ACRN: U
Descriptive Data:
Deliver software in accordance with Section J, Attachment X, Statement of Work entitled "insert program title of the Statement of Work" dated insert date. The scheduled delivery date for software is in conjunction with the end of the technical effort of CLIN 0001. All data shall be delivered in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423, dated INSERT DATE.
The shipping address is as follows:
Attn: insert program manager name insert program managers office address insert program managers email insert program managers phone number
Mark For: insert contract number
(Include contract number and insert program manager's name, office symbol, and phone number on the shipping documents.)
0004 1 F4F4ST F4F4ST 0 MARO
Noun: OPERATIONS & MAINTENANCE Descriptive Data:
The scheduled delivery date for the approved final technical report is as reflected herein.
The technical effort must be completed no later than INSERT DATE. The draft final report is due no later than INSERT DATE. All data shall be delivered in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423, dated INSERT DATE.
The shipping address is as follows:
Attn: insert program manager name insert program manager's office address insert program manager's email insert program manager's phone number
Mark For: insert contract number
All reports and correspondence submitted under this contract shall include the contract number and project number, if applicable, and be forwarded prepaid. A copy of the letters of transmittal shall be delivered to the Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO). The addresses are set forth on the contract award cover page. All other address(es) and code(s) for consignee(s) are as set forth in the contract or incorporated by reference.
If this contract is terminated prior to completion, the Contractor agrees to provide a final report in accordance with Contract Data Requirements List (CDRLs), Section J, Exhibit A, Data Item A001. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of said final report.
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)
52.247-34 F.O.B. DESTINATION (NOV 1991)
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA8650-18-C-XXXX
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
OTHER CONTRACT CLAUSES IN FULL TEXT
252.204-0001 LINE ITEM SPECIFIC: SINGLE FUNDING (SEP 2009)
The payment office shall make payment using the ACRN funding of the line item being billed.
252.204-0002 LINE ITEM SPECIFIC: SEQUENTIAL ACRN ORDER (SEP 2009)
The payment office shall make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order:
Alpha/Alpha; Alpha/numeric; numeric/alpha; and numeric/numeric.
252.204-0003 LINE ITEM SPECIFIC: CONTRACTING OFFICER SPECIFIED ACRN ORDER (SEP
2009)
The payment office shall make payment within the line item in the sequence ACRN order specified below, exhausting all funds in the previous ACRN before paying from the next ACRN.
Line Item ACRN Order _____
252.204-0004 LINE ITEM SPECIFIC: BY FISCAL YEAR (SEP 2009)
The payment office shall make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.
252.204-0005 LINE ITEM SPECIFIC: BY CANCELLATION DATE (SEP 2009)
The payment office shall make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.
252.204-0006 LINE ITEM SPECIFIC: PRORATION (SEP 2009)
The payment office shall make payment from each ACRN in the same proportion as the amount of funding currently unliquidated for each ACRN.
252.204-0007 CONTRACT-WIDE: SEQUENTIAL ACRN ORDER (SEP 2009)
The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: alpha/alpha; alpha/numeric; numeric/alpha; and numeric/numeric.
252.204-0008 CONTRACT-WIDE: CONTRACTING OFFICER SPECIFIED ACRN ORDER (SEP 2009)
The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified below:
252.204-0009 CONTRACT-WIDE: BY FISCAL YEAR (SEP 2009)
The payment office shall make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.
252.204-0010 CONTRACT-WIDE: BY CANCELLATION DATE (SEP 2009)
The payment office shall make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.
252.204-0011 CONTRACT-WIDE: PRORATION (SEP 2009)
The payment office shall make payment from each ACRN within the contract or order in the same proportion as the amount of funding currently unliquidated for each ACRN.
252.232-7006. WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (FEB 2016)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
TBD.
Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
TBD
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC TBD Issue By DoDAAC TBD Admin DoDAAC TBD Inspect By DoDAAC TBD Ship To Code TBD Ship From Code TBD Mark For Code TBD Service Approver (DoDAAC) TBD Service Acceptor (DoDAAC) TBD Accept at Other DoDAAC TBD LPO DoDAAC TBD DCAA Auditor DoDAAC TBD Other DoDAAC(s) TBD
DO NOT ATTACH TECHNICAL REPORTS TO WAWF-RA DOCUMENTS. YOU MAY ATTACH
FINANCIAL INFORMATION SUPPORTING YOUR VOUCHER OR DOCUMENTS SUPPORTING
INSPECTION AND ACCEPTANCE.
A copy of the receiving report printed from WAWF-RA shall accompany each shipment which requires a DD Form 250/Receiving Report.
(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.
TBD
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
TBD
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA8650-18-C-XXXX
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
SECTION I FA8650-18-C-XXXX
Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:
Database_Version: 6.15.x1100; Issued: 10/27/2017; FAR: FAC 2005-95; DFAR: DPN20161222; DL.: DL 98- 021; Class Deviations: CD 2017-O0002; AFFAR: 2002 Edition; AFAC: AFAC 2017-1003; IPN: 98-009
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.202-01 DEFINITIONS (NOV 2013)
52.203-03 GRATUITIES (APR 1984)
52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)
52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(OCT 2010)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)
Para (b)(3). CO inserts info for obtaining posters. '?????'
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
52.204-02 SECURITY REQUIREMENTS (AUG 1996)
52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT
PAPER (MAY 2011)
52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2016)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(JUN 2016)
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(OCT 2015)
52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JUL 2013)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
52.210-01 MARKET RESEARCH (APR 2011)
52.211-05 MATERIAL REQUIREMENTS (AUG 2000)
52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)
52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG
2011)
52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--
MODIFICATIONS (AUG 2011)
52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)
52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT
2010)
52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS
(PRB) OTHER THAN PENSIONS (JUL 2005)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)
52.216-07 ALLOWABLE COST AND PAYMENT (JUN 2013)
52.216-08 FIXED FEE (JUN 2011)
52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)
52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)
52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
52.222-02 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
Para (a), Dollar amount is '$0.00'
52.222-03 CONVICT LABOR (JUN 2003)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-06 DRUG-FREE WORKPLACE (MAY 2001)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (AUG 2011)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) - ALTERNATE I (APR 1984)
52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (DEC 2007)
52.227-10 FILING OF PATENT APPLICATIONS -- CLASSIFIED SUBJECT MATTER (DEC 2007)
52.227-11 PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (MAY 2014)
Para (j), Communications: 'See Section J, Attachment 9, Statement of Work
Supplemental Requirements'
52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)
52.230-02 COST ACCOUNTING STANDARDS (OCT 2015)
52.230-06 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)
52.232-09 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.232-17 INTEREST (MAY 2014)
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
52.232-20 LIMITATION OF COST (APR 1984)
52.232-22 LIMITATION OF FUNDS (APR 1984)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) - ALTERNATE I (APR 1984)
52.232-25 PROMPT PAYMENT (JAN 2017)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
52.233-01 DISPUTES (MAY 2014)
52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION
(APR 1984)
52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)
52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)
52.242-04 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987)
52.243-06 CHANGE ORDER ACCOUNTING (APR 1984)
52.243-07 NOTIFICATION OF CHANGES (JAN 2017)
Para (b), Number of calendar days is (insert 30 for RDSS/C) '30 days' Para (d), Number of calendar days is (insert 30 for RDSS/C) '30 days'
52.244-02 SUBCONTRACTS (OCT 2010) - ALTERNATE I (JUN 2007)
Para (d), Contractor shall obtain the Contracting Officer's written consent before placing the following subcontracts: 'TBD' Para (j), the following subcontracts which were evaluated during negotiations: 'TBD'
52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)
52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)
52.245-01 GOVERNMENT PROPERTY (JAN 2017)
52.245-01 GOVERNMENT PROPERTY (JAN 2017) - ALTERNATE II (APR 2012)
52.245-09 USE AND CHARGES (APR 2012)
52.246-23 LIMITATION OF LIABILITY (FEB 1997)
52.247-01 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)
Para (c). Insert address. 'TBD'
52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)
52.249-14 EXCUSABLE DELAYS (APR 1984)
52.253-01 COMPUTER GENERATED FORMS (JAN 1991)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-
CONTRACT-RELATED FELONIES (DEC 2008)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP
2013)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(OCT 2015)
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item Description or n/a. 'NA'
Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item Description. If items are identified in the Schedule, insert "See Schedule" 'If Applicable, any UID items will identified in any Hardware CLIN at Section B, or in an attachment to Section J'
Para (c)(1)(iii). Attachment Nr. 'If Applicable, any UID items will be identified in any hardware CLIN at Section B, or in an attachment to Section J'
Para (c)(1)(iv). Attachment Nr. 'If Applicable, any UID items will be identified in any hardware CLIN at Section B, or in an attachment to Section J'
Para (f)(2)(iii). Line item number or n/a. 'NA'
252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)
252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)
252.215-7000 PRICING ADJUSTMENTS (DEC 2012)
252.216-7009 ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A
WHISTLEBLOWER PROCEEDING (SEP 2013)
252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC
2010)
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR
HAZARDOUS MATERIALS - BASIC (SEP 2014)
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY
METALS (OCT 2014)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2016)
252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED
INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)
252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN
2012)
252.227-7039 PATENTS--REPORTING OF SUBJECT INVENTIONS (APR 1990)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUN 2012)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.235-7002 ANIMAL WELFARE (DEC 2011)
252.235-7004 PROTECTION OF HUMAN SUBJECTS (JUL 2009)
252.235-7010 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)
Para (a), name of contracting agency(ies): 'United States Air Force' Para (a), contract number(s): 'FA8650-XX-C-XXXX' Para (b), name of contracting agency(ies): 'United States Air Force'
252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (JAN 2015)
252.239-7018 SUPPLY CHAIN RISK (OCT 2015)
252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)
252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)
252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION - ALTERNATE I (MAY
2014) - ALTERNATE I (MAY 2014)
252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY
(APR 2012)
252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)
252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)
252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (SEP 2016)
Insert Item(s) 'TBD' Insert Item(s) 'TBD'
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)
C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (JUN 2016)
Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.
'Ombudsman: Ms Lisette K. LeDuc, 1864 Fourth St.
Wright-Patterson AFB OH 45433-7130 937-904-4407 lisette.leduc@us.af.mil
Alternate Ombudsman: Ms Kimberly L. Yoder 1864 Fourth St.
Wright-Patterson AFB OH 45433-7130 937-255-4967 kimberly.yoder@us.af.mil'
5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP
SECURITY AGREEMENTS (OCT 2017)
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV
2012)
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
Para (b), Any additional requirements to comply with local security procedures 'TBD' Para (d). Additional requirements. 'TBD'
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/
52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
(a) Definitions. As used in this clause—
“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
“Contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
“Rapidly report” means within 72 hours of discovery of any cyber incident.
“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” (available via the Internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contrac, the Contractor shall—
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime
Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD.
Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236);
or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD.
Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph
(c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a…
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